- (1.) THESE are two applications in revision arising out of Sessions Trials Nos. 35 and 36 of 1951 pending in the Court of the Assistant Sessions Judge, Banaras, on behalf of Sri Kapildeo upadhya. He was an employee of the Water Works Department at Banaras and charges under sections" 466, 409 and 477a, Penal Code have been framed against him in each case. The committing Magistrate, when he committed these cases to the Court of Sessions, charged him in s. T. No. 35 with three offences of forgery alleged to have been committed by the applicant with respect to certain documents between 28-2-1947 and 13-3-1947 and also with having committed the offences of falsification of accounts and criminal breach of trust between the same dates. In sessions Trial No. 36, he similarly charged him with having committed three offences of forgery with respect to certain documents between 1-11-1945 and 31-3-1946. He charged him in this case also with offences under Sections 477a and 409 said to have been committed between the same dates. These other offences are said to be connected with the offences of forgery with which the applicant was charged in each case.
(2.) TNE learned Sessions Judge after recording some evidence, altered and realtered the charges so that the period during which the offences in the one case are alleged to have been committed now is between 28-2-1947 and 27-2-1948 in one case and between 1-11-194~5 and 31-10-1946 (sic ). It is said that the procedure adopted by him was illegal.
(3.) THREE points are urged before me: 1. that under Section 227, Criminal P. C. the Court can alter or add to any charge only once and not more than once; 2. that the three offences of the same kind with which the applicant has been charged cannot be combined with three offences of other kinds in the same trial; and 3. that a charge could not be altered by the Sessions Judge so as to go beyond the scope of the enquiry in the Court of the Committing Magistrate. ;